Bill Summary – FastDemocracy

MURIEL BOWSER

    MAYOR

June 26, 2024

Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, NW, Suite 504

Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-

204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §

2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is

proposed Modification No. 5 to Contract No. GAGA-2021-C-0074 with Curriculum Associates,

LLC to exercise option year three in the amount of $1,773,810.50. The period of performance is

from September 1, 2024, to August 31, 2025.

Under the proposed contract, Curriculum Associates, LLC shall continue to provide access to the

i-Ready Online English Language Arts (ELA) and Math Diagnostic Assessment Platform for all

District of Columbia Public Schools (DCPS) K-8th grades students, DCPS school personnel, and

designated DCPS central services personnel.

My administration is available to discuss any questions you may have regarding the proposed

contract. In order to facilitate a response to any questions you may have, please have your staff

contact LaVeta Hilton, Deputy Chief Procurement Officer, District of Columbia Public Schools,

at (202) 442-5136.

I look forward to the Council’s favorable consideration of this proposed contract.

Sincerely,

Muriel Bowser

                 GOVERNMENT OF THE DISTRICT OF COLUMBIA

                       District of Columbia Public Schools

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended,

D.C. Official Code § 2-352.02(c), the following contract summary is provided:

                           COUNCIL CONTRACT SUMMARY

                              (Standard and Option Year)

(A)   Contract Number:                         GAGA-2021-C-0074

      Proposed Contractor:                     Curriculum Associates, LLC

      Contract Amount:                         $1,773,810.50

      Unit and Method of Compensation:         Fixed Unit Prices

      Term of Contract:                        September 1, 2024, thru August 31, 2025

      Type of Contract:                        Firm Fixed Price

      Source Selection Method:                 Exempt From Competition

(B)   For a contract containing option periods, the contract amount for the base period

      and for each option period. If the contract amount for one or more of the option

      periods differs from the amount for the base period, provide an explanation of the

      reason for the difference:

      Base Period Amount:           $1,071,727.50

      Option Period 1 Amount: $1,336,373.55

      Explanation of difference from the base period (if applicable): option year amount

      exceeds the price for the base period due to increased costs of business operations and

      because of consumer price index (CPI) inflation.

      Option Period 2 Amount: $1,728,789.50

      Explanation of difference from the base period (if applicable): option year amount

      exceeds the price for the base period due to an increased business operations and because

      of consumer price index (CPI) inflation.

      Option Period 3 Amount:       $1,773,810.50

GAGA-2021-C-0074

Council Summary

      Explanation of difference from the base period (if applicable): option year amount

      exceeds the price for the base period due to increased costs of business operations and

      because of consumer price index (CPI) inflation.

      Option Period 4 Amount: TBD

      Explanation of difference from the base period (if applicable): n/a

(C)   The goods or services to be provided, the methods of delivering goods or services,

      and any significant program changes reflected in the proposed Contract:

      The contractor shall provide an online Reading and Math Diagnostic Assessment and

      Instruction system (i-Ready) that provides real-time information to teachers and allows

      for adjustments in teaching and learning as well as aggregated data at the district level in

      specified formats. The contractor will be providing access to the i-Ready platform to K-

      8th grades DCPS students, school personnel, and designated Central Services personnel.

      Platform access includes the ability to administer i-Ready Reading and i-Ready Math

      assessments, analyze assessment data using reporting features, respond to student

      learning needs by implementing i-Ready Instruction in both Reading and Math, and

      deliver student intervention instruction using i-Ready Math Teacher Toolbox, as well as a

      suite of resources, supports, and services.

(D)   The selection process, including the number of offerors, the evaluation criteria, and

      the evaluation results, including price, technical or quality, and past performance

      components:

      This procurement is exempt from competition in accordance with D.C. Official Code § 2-

      354.13 (4) and (8) and 27 DCMR § 1703. Paragraph (4) exempts from competition

      copyrighted or patented materials, including technical pamphlets, published books, maps,

      and testing or instructional materials; provided, that the materials are purchased directly

      from the owner of the copyright or patent, and paragraph (8) exempts from competition

      maintenance and support of existing software and technology to the extent that the

      creator of the intellectual property is still protected and is the only source of the

      maintenance and support of the existing software and technology.

(E)   A description of any bid protest related to the award of the contract, including

      whether the protest was resolved through litigation, withdrawal of the protest by the

      protestor, or voluntary corrective action by the District. Include the identity of the

      protestor, the grounds alleged in the protest, and any deficiencies identified by the

      district as a result of the protest:

      No protests were filed.

(F)   The background and qualifications of the proposed contractor, including its

      organization, financial stability, personnel, and performance on past or current

      government or private sector contracts with requirements similar to those of the

      proposed contract:

                                               2

GAGA-2021-C-0074

Council Summary

      For 50 years, Curriculum Associates, LLC’s has provided products and programs to make

      classrooms better places for teachers and students. Curriculum Associates assessment and

      instruction programs are backed by practical and applicable research. Each program they

      provide starts with an extensive research base, and they then engage in an ongoing cycle

      of research, review, and improvement. Curriculum Associates, in partnership with the

      Educational Research Institute of America, collected data across the country to study the

      relationship between the i-Ready Diagnostic and leading national and state assessments

      for both English language aArts and mathematics. Correlations between i-Ready and

      consortium and state assessments consistently exceed established benchmarks in

      education. According to Dun and Bradstreet, the Curriculum Associates is financially

      sound and has met all of its business obligations and there is no record of open suits, liens

      or judgments.

(G)   A summary of the subcontracting plan required under section 2346 of the Small,

      Local, and Disadvantaged Business Enterprise Development and Assistance Act of

      2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a

      certification that the subcontracting plan meets the minimum requirements of the

      Act and the dollar volume of the portion of the Contract to be subcontracted,

      expressed both in total dollars and as a percentage of the total contract amount:

      DCPS received a waiver of the CBE subcontracting requirement from the Department of

      Small and Local Business Development for this contract, since Curriculum Associates is

      the sole provider of the i-Ready platform.

(H)   Performance standards and the expected outcome of the proposed contract:

      Curriculum Associates’ performance will be regularly and routinely monitored by DCPS.

      The expected outcome of the proposed contract is for Curriculum Associates to provide

      DCPS with the i-Ready Diagnostic and Assessment Platform.

(I)   The amount and date of any expenditure of funds by the district pursuant to the

      Contract prior to its submission to the Council for approval:

      None

(J)   A certification that the proposed Contract is within the appropriated budget

      authority for the agency for the fiscal year and is consistent with the financial plan

      and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-

      392.02:

      The DCPS agency fiscal officer has certified that the proposed contract is within the

      appropriated budget authority for the agency for the fiscal year and is consistent with the

      financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01

      and 47-392.02. A certification of funding is attached.

                                               3

GAGA-2021-C-0074

Council Summary

(K)   A certification that the Contract is legally sufficient, including whether the proposed

      contractor has any pending legal claims against the district:

      The Office of the Attorney General has reviewed and approved the proposed contract for

      legal sufficiency. The proposed contractor has no pending legal claims against the

      District.

(L)   A certification that the Citywide Clean Hands database indicates that the proposed

      contractor is current with its District taxes. If the Citywide Clean Hands Database

      indicates that the proposed contractor is not current with its District taxes, either (1)

      a certification that the contractor has worked out and is current with a payment

      schedule approved by the District or (2) a certification that the contractor will be

      current with its District taxes after the District recovers any outstanding debt as

      provided under D.C. Official Code § 2-353.01(b):

      According to the Citywide Clean Hands Database, the contractor is current with its

      District taxes. The Certificate of Clean Hands, dated April 5, 2024, is attached.

(M)   A certification from the proposed contractor that it is current with its federal taxes

      or has worked out and is current with a payment schedule approved by the federal

      government:

      Based on the information provided in the Bidder Offeror Certification form, Curriculum

      Associates, LLC has certified that the organization is current with its federal taxes.

(N)   The status of the proposed contractor as a certified local, small, or disadvantaged

      business enterprise as defined in the Small, Local, and Disadvantaged Business

      Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code

      § 2-218.01 et seq.:

      The Contractor is not a certified business enterprise in the District of Columbia.

(O)   Other aspects of the proposed Contract that the Chief Procurement Officer

      considers significant:

      None

(P)   A statement indicating whether the proposed contractor is currently debarred from

      providing services or goods to the District or federal government, the dates of the

      debarment, and the reasons for debarment:

      Curriculum Associates, LLC is not on the Federal Excluded Parties List or the Office of

      Contracts and Procurement Excluded Parties List, accessed on June 6, 2024; therefore,

      the Contractor is not currently debarred from providing services

                                               4

GAGA-2021-C-0074

Council Summary

(Q)   Any determination and findings issues relating to the Contract’s formation,

      including any determination and findings made under D.C. Official Code § 2-352.05

      (privatization contracts):

      Determination and Findings for Contractor Responsibility, dated June 6, 2023.

      Determination and Findings for Price Reasonableness, dated June 6, 2023.

(R)   Where the Contract and any amendments or modifications, if executed, will be

      made available online:

      https://dcps.dc.gov/page/doing-business-dcps

(S)   Where the original solicitation and any amendments or modifications will be made

      available online:

      https://dcps.dc.gov/page/doing-business-dcps

                                             5

                  Government of the District of Columbia

                  Office of the Chief Financial Officer                                                1101 4th Street, SW

                  Office of Tax and Revenue                                                            Washington, DC 20024

Date of Notice:   June 6, 2024                                                 Notice Number: L0011984441

CURRICULUM ASSOCIATES, LLC                                                     FEIN: **-***4988

153 RANGEWAY ROAD                                                              Case ID: 8205605

NORTH BILLERICA MA 01862

                                           CERTIFICATE OF CLEAN HANDS

    As reported in the Clean Hands system, the above referenced individual/entity has no outstanding

CO

    liability with the District of Columbia Office of Tax and Revenue or the Department of Employment

    Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore

    this Certificate of Clean Hands is issued.

               TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES

                                 CHAPTER 28 GENERAL LICENSE

             SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT

                                    D.C. CODE § 47-2862 (2006)

                         PY

                § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

     Authorized By Melinda Jenkins

     Branch Chief, Collection and Enforcement Administration

    To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the

    “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.

                         1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

  Certification of Funding

  Office of Fiscal Strategy

  1200 First Street NE, 9th Floor, Washington, DC 20002

  (202) 442‐5112/Fax (202) 442‐5634

       1. Prepared by: Kathleen Kennedy, Manager, Budget, and Operations OFS

       2. Funding Certification Period: 10/1/2023-9/30/2024

       3. Summary of Proposed Procurement: i-Ready Reading and Math educational licenses, assessments, and

          professional development.

       4. If contract has been awarded:

               • Contractor: Curriculum Associates

               • Contract Dates: 9/1/2024-8/31/2024.

                   Contract Number: GAGA-2021-C-0074

                   (OY3)

                   Contract Amount: $1,773,810.50

                   RK Number: TBD

                   PO Number: TBD

Funding Information:

               AGENCY        FISCAL   AGENCY                                          COST

               GA0 if DCPS                        FUND      ACCOUNT     PROGRAM                 PROJECT    AWARD        AMOUNT

               GD0 if OSSE    YEAR    OBJECT                                         CENTER

                 GD0          24        409      4020023    7132001       400364      40231     400325     2000464     1,728,789.50

                 GD0          24        409      4020023    7132001       400364      40231     400325     2000464      $45,021.00

                                                                                                              Total   $1,773,810.50

  .

  I hereby certify that the above referenced Curriculum Associates contract is within the appropriated budget authority for the

  agency and is consistent with the financial plan and budget adopted in accordance with DC Official Code §§ 47-392.01 and 47-

  392.02 for the District of Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal

  Year 2024 is subject to Congressional approval.

                                                                             5/02/24

      Name                                                                   Date

      DCPS Agency Fiscal Officer

                          for Paris Saunders                                  05/02/24

      Name                                                                   Date

      OSSE Agency Fiscal Officer

                             1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov

                   GOVERNMENT OF THE DISTRICT OF COLUMBIA

                          Office of the Attorney General

ATTORNEY GENERAL

BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO:            Tomás Talamante

               Director

               Office of Policy and Legislative Affairs

FROM:          Robert Schildkraut

               Section Chief

               Government Contracts Section

DATE:          June 17, 2024

SUBJECT:    Approval of Contract Action for K-8th Grades ELA and Math Diagnostic

            Assessments Platform

            Contract Number: GAGA-2021-C-0074, Option Period Three

            Contractor: Curriculum Associates, LLC

            Proposed Option Amount: $1,773,810.50

___________________________________________________________________________

This is to Certify that this Office has reviewed the above-referenced Contract and that we have

found it to be legally sufficient, with the following conditions: 1) pricing is provided for each

Contract Line Item Number as required by Modification #6 equaling the total pricing contained

in Section B.3.4 of Modification #6; and 2) the Contracting Officer determines that the pricing

for each Contract Line Item Number contained in Section B.3.4 of Modification #6 is reasonable

prior to September 1, 2024. If you have any questions in this regard, please do not hesitate to call

me at (202) 724-4018.

______________________________

       Robert Schildkraut

               400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

                                        GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                             BILATERAL MODIFICATION

                                                                                                                   Page No. 1 of 2 Page(s)

1. CONTRACT NO:                             2. CONTRACT DATE:                    3. MODIFICATION NO:          4. MODIFICATION DATE:

GAGA-2021-C-0074                               September 1, 2021                               1                     See block 12

5. CAPTION:   i-Ready (K-8th Grades ELA and Math Diagnostic Assessments Platform)

6. ISSUED TO: (Contractor)                                                      7. ISSUING OFFICE:

 Curriculum Associates, LLC.                                                     District of Columbia Public Schools (DCPS)

 153 Rangeway Road                                                               Office of Contracts and Acquisitions

 North Billerica, MA 01862                                                       1200 First Street, NE, 9th Floor

 Tele: (800) 225-0248                                                            Washington, DC 20002

 Fax: (800) 336-1158                                                             Tele: (202) 442-5112

8. PROGRAM OFFICE: Office       of Teaching and Learning

ACTION:              Change                 Exercise of Option                         Economic Price Adj